Moral Philosophy by S. J. Joseph Rickaby
page 197 of 356 (55%)
page 197 of 356 (55%)
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enough to _stop_ the trespasser; and you chose the means as a
_stopping_ means, not as a _killing_ means. True, in stopping him you killed him, but you did not kill him to stop him. You struck him to stop him: that your blow was a mortal blow, was a circumstance which you did not choose and could not help. All killing then in self-defence is indirect. 5. By this explanation, resting on St. Thomas--in opposition to Cardinal de Lugo (_De Just. et Jure_. 10, 149) and others, who allow killing in self-defence to be the actual means chosen, and therefore directly willed--we save four grand positions in Moral Science: (a) The axiom, that _it is never lawful directly to take the life of an innocent man_. For the person who perishes by occasion of your defending yourself, may be innocent _formally_, and even _materially_ also. (b) Likewise the axiom, that _it is never lawful for a private individual to kill any one whatever_. We say, from a technical standpoint, that he does not _kill_ but _arrests the onset of_ the aggressor. (c) We are in hearty accord with the positive law of all civilized countries, which views with extreme suspicion all deaths said to be done in self-defence, the law being jealous of the blood of its citizens, and reserving the shedding thereof to itself. We teach that only by process of law can a man ever be directly slain, his death made a means of, and the person, who strikes him, really willing and seeking, exactly speaking, to kill him. |
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